MARKETING AND MANAGEMENT LAW 翻译.doc

MARKETING AND MANAGEMENT LAW BUSL 350ASSIGNMENT 2009, SECOND SEMESTER:8082/smeip/infoshow.php?id=246&class=4/Article.asp?articleid=40885Patent means a certain ownership bestowed upon a person, a group, a company, etc., since they invent or uncover new things and ways to handle matters or make improvement in certain areas. The United States uses additional qualification utility patent to tell it from other types of patents, say design patents. However, utility patent should not be mixed up with utility models that are granted by other countries. Patents concerning inventions range from biological patents, business method patents, chemical patents to software patents and so on. 1952年颁布，此后又修改过14次。现行专利法采用的是1984年的修订本。早在1925年，澳大利亚就加入了巴黎公约，后又成为斯特拉期堡国际专利分类协定和PCT联盟的成员国。主要内容有：申请人对其发明既可以申请标准专利，也可以申请小专利，并且对改进发明还可申请增补专利。发明人或其受让人，以及受外国发明人或受让人委托传送文件的人，无论是否为澳大利亚居民，均可成为申请人。外国人向澳大利亚申请专利必须在澳大利亚有通讯地址。申请专利的发明成果必须是新的产品或方法，可以是关于物品、设备、工艺或方法的新的构思方案。作用于人体的医疗和外科治疗方法、用于控制某一制造过程的检测方法、用于食品或药品的单纯混合物以及生产此类混合物的方法，均不能获得专利保护。It was enacted in 1952 and revised up to 14 times. Current patent laws are the revised version dated 1984. As early as 1925, Australia joined the Paris Convention and later became a member of Strasbourg International Patents Classification as well as PCT Association. The main content includes: the applicant can apply for both standard patent and small patent for his invention. Besides, he can apply for patent of addition for additional invention. Inventors or their transferees and people entrusted to deliver documents by overseas inventors or transferees, without regard to their nationality, are entitled to be applicants. Foreigners who apply for patents in Australia should have communication address in Australia. Inventions or achievement to be patented should be new products or methods. Also, they could be new ideas for items, equipments, techniques or methods. Methods applied to medical treatment and surgical treatment for human beings, examination used to control certain production process as well as compounds and ways employed to produce such compounds are not allowed for patent protection. 此外，违反澳大利亚法律的发明以及不属于澳大利亚专利法所称的发明也不受专利保护。但是，整容治疗方法、新的药物、植物和生物方法都可以获得专利保护。一项发明在提出专利申请之前，没有在澳大利亚国内的出版物上公开发表过，也没有在澳大利亚国内公开使用过或以其他方式为公众所知，那么该项发明便符合新颖性条件。In addition, inventions in violation of Australian laws or those not considered inventions under Patent laws in Australia are not given patent protection. However, plastic surgery, new medicine, methods of botanic and biological nature can be granted patent protection. Should one invention that has never been published within Australia, nor has it been used in public or made public within Australia before patent application, meets the requirements of newness. 对于标准专利申请，专利局不主动进行审查，申请人可以在提交完整说明书后的5年之内随时提出审查的请求，超过期限而未提出审查请求的，该申请失效。对提出审查请求的专利申请，专利局首先要检索50年以来的澳大利亚专利文献和申请文档，以审查新颖性。之后还要审查说明书是否对发明作出充分描述，是否给出了实施的最佳方式以及权利要求是否清楚，是否以说明书所描述的内容为依据等等。标准专利申请一经专利局盖章，即视为取得了专利权。专利权保护期限为自提交完整说明书之日起16年，特殊情况下还可再延长10年。专利权授予后满3年，若该发明没有满足公众的合理需要，则该专利就可能被实施强制许可，若批准强制许可后满两年，公众的合理需要仍然没有得到满足，专利局便可撤销该项专利。如果专利权人由于疏忽大意而导致其专利失效，只要专利权人及时地提出请求，仍有可能恢复专利权。With reference to standard patent application, the Patent Bureau will not offer examination. Applicants can make a request within 5 years after submitting complete instruction. Overdue examination application will be disregarded. In regard to patent application requiring examination, Patent Bureau should search patent documents and application requirement document from Australia in the past 50 years in a bid to examine newness. Then the Bureau should examine whether the instruction makes a detail description of the invention, offers an optimal way and explicit right claim or not. Besides, these ways and right claims should be based on content described by instruction. After Patent Bureau stamps on standard patent application, the rights of patent should be validated. Protection standard period will expire after 16 years upon submission of complete instruction and in special case; it can be extended for another 10 years. If the invention has been patented for 3 years and not met the publics reasonable needs, a compulsory license for exploitation of the patent could be granted. If, within two years after compulsory license for exploitation of the patent has been granted, this invention still fails to meet the publics reasonable needs, then its patent should be removed. If patents were made invalid due to patent holders carelessness, as long as patent holders made a request in a timely manner, it is still possible for them to reinstate patent rights.Patent application must be in a written form and sent to patent office. Generally, the application should encompass complete descriptions of the use of the invention. And such invention should offer abundant details about how to make and use the invention from a skilled user perspective. Some countries may have specific requirements for such information as the influence of the invention, how to optimize operation of the invention and to solve related technical problems that may arise. Meanwhile, a drawing regarding the invention should also be provided alongside. Included are also one or more claims which are usually not needed when the application is sent in the first time. The claims spells out what the applicant intends to protect and the claims also stipulates others are barred from making or selling the inventions and using or selling the methods whose owners have patents over. To sum up, the claims stipulates what inventions are patented or the protection scope.Once an application is delivered to the Patent Bureau, it is very often referred to as patent pending.However, patent pending, as a special term does not bestow protection under the law. In that case, a patent can not be enforced until it is granted by the Patent Bureau afterwards. It warns potential patent infringers that if they, in the future, engage in copying, manufacturing, using or selling the patented methods, items, technologies, inventions, etc., then they are liable for any damages incurred. Should a patent be granted, then it should conform to certain requirements of a certain country before it comes into legal effect in a particular country, which means it should meet all corresponding patentability requirements of that country. Generally, the majority of Patent Bureaus will examine the applications conformity to these corresponding requirements once they receive the applications. Should the applications do not meet the needed requirements; objections are delivered to the applicant or their patent agent or attorney. Following is chances on the part of patent applicants applicant or their patent agent or attorney to cope with the objections to bring the application into conformity are usually given.Once a patent is granted, as a matter of fact, most countries will charge it for renewal fee so to keep it effective. Besides, the charge standards will vary in different countries. Normally, these fees should be paid annually, but the States practices differently which makes it an exception. There are also some other countries, which requires patent holders to pay the renewal fees even prior to the granting of the patent. These countries include the European Patent Office. Warmglow Ltd is a home fireplaces manufacturer who also engages in sales of these home fireplaces.As a marketing manager of Warmglow Ltd., Jill Lee needs to prepare marketing campaigns for the company. Usually, he works with the technicians when in company. His colleagues and technicians are obligated to create highly efficient fireplaces with reliable durability. At work, he could learn a great deal form his colleagues from technical departments. In additions, he gets familiar with technical designs and plans by dealing with them frequently. Through the use of Eucalyptus oil and carrawwa seeds, Jill invents a new chemical fuel, which can power the home fireplaces. Later on, she names this chemical fuel “Enviro oil.” It is when Jill is using Warmglow Ltds science laboratory that she works out this chemical fuel. Subsequently, thanks to this new fuel, she goes on to create an innovative domestic fireplace to generate heat. Later on, she gives the new fireplace a name called “Envirofire.” As an environmental-friendly product that reduces carbon dioxides emission to the lowest point. The innovative side of this fireplace is that if does not run on such fossil fuels as gasoline and it does not need electricity for powering or any other form of power either. This is an unprecedented fireplace to employ Eucalyptus oil and carrawwa seeds as power. Generally speaking, Eucalyptus oil is very widely used in a wide variety of industries. However, this is for the first time it is adopted in powering fireplaces. So, Jill is mulling to make profit out of Envirofire fireplace, which means sell it as a commodity. Ideally, she wants to put up ads for “Envirofire” product and she intends to advertise it vi